THE BULLETIN BOARD
July 2012
[July 1st]Arbitrator Das Sustains APWU Grievance on Denial of Retreat Rights
excerpted APWU Web News Article 79-2012
Arbitrator Shyam Das sustained the APWU's grievance over the denial of excessed employees' retreat rights, but denied it in a dispute over the assignment of unassigned regulars to non-traditional full-time (NTFT) schedules.
The issue in the first case was the USPS' refusal to permit excessed employees to retreat into NTFT duty assignments posted for bid subsequent to the conversion of part-time regulars (PTRs) and part-time flexibles (PTFs) in August 2011.
Arbitrator Das rejected all of the Employer's arguments, finding that "[t]here is no contractual provision that supports the Postal Service's action in precluding employees from exercising [their] retreat right until initial local placement of converted part-time employees was completed."
Noting that the Postal Service failed to raise, let alone obtain the Union's agreement to, such a restriction on the right of excessed employees to exercise their acknowledged retreat rights during negotiations, Arbitrator Das determined that the Postal Service's unilateral determination to disallow the exercise of retreat right under these circumstances violated the Collective Bargaining Agreement. The issue of remedy was remanded to the parties and the arbitrator retained jurisdiction to resolve any remedial disputes.
The issue in the second case was the USPS conversion of PTRs and PTFs in August 2011 to unassigned regular status with temporary NTFT schedules.
Noting that this case raises complex issues... continue reading.
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